Terms & Conditions
Last Revised on January 22, 2024
Welcome to the Terms of Use (these “Terms”) for the website, www.reallybrief.com (the “Website”), operated on behalf of ReallyBrief Ventures, LLC. (“ReallyBrief”, “we” or “us”). The Website and any content, tools, features and functionality offered on or through our Website are collectively referred to as the “Services”.
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services (even if you only browse through the Website), you are agreeing to these Terms. If you do not agree to these Terms, you may not access or use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms; and (b) you agree to these Terms on the entity’s behalf.
Who May Use the Services
Our Services are intended for purchase and use for business and professional purposes. You must be thirteen (13) years of age or older to use the Services. Minors under the age of majority in their jurisdiction but that are at least thirteen (13) years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of thirteen (13) are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.
The Services
Description.
The Services provide creators of surveys and forms (each such creator, a “Creator” and, as applicable, “you”) a platform to utilize artificial intelligence tools (“AI”) to generate surveys and forms and receive responses to them from respondents (each such respondent, a “Respondent” and, as applicable, “you”). The Services may also provide Creators with tools to gain real-time insights and analytics from Respondents’ feedback
Free & Paid Services.
ReallyBrief provides certain features and usage of the Services without charge, subject to our Reasonable Use Policy located at Reasonable Use Policy, which is incorporated herein by reference. You agree to the terms of the Reasonable Use Policy, when you use the Services. Certain premium features and usage of the Services require you to purchase a subscription subject to the terms and conditions herein.
User Accounts
To access and use the Services, each Creator must create an account (“Account”). You may be able to create an Account by providing an email address, password, and other information (“Account Information”).
You agree to provide and maintain accurate, current, and complete Account Information. You can access, edit and update your Account Information via the account management page of the Services. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@reallybrief.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create another Account if we have previously removed your Account, or if we previously banned you from any of our Services, unless we provide written consent otherwise.
Subscriptions
Subscription Payment. If you buy or subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars or such other currency that we may choose to accept payment in. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, we may store and continue billing your payment method (e.g., credit card) to avoid interruption of such Services; and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. Except as otherwise stated by us in writing, we reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion, and any price changes or changes to your subscription plan will take effect following reasonable notice to you, including via email or a post on the subscription’s applicable pricing page on the Website. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, or other means that we may make available. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility.
Subscription Renewals and Cancellations.
You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly) and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, please cancel your subscription three (3) days before the subscription period renewal date by going to the account settings and cancelling your subscription.
You expressly acknowledge that cancelling or otherwise downgrading your Services may cause the loss of features or other capabilities of your Services, and that you shall not hold us liable for such loss. Revoking or suspending any form of payment put on record does not constitute cancellation of a paid plan under or termination of your Account.
No Subscription Refunds.
Except as expressly set forth in these Terms, payments for any subscriptions to the Services are non-refundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made before your account is downgraded to free Services subject to the Reasonable Use Policy.
Changes and Pricing.
The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of the Services. While we attempt to be as accurate as we can in our descriptions for the Services, we do not warrant that any descriptions of the Services are accurate, complete, reliable, current, or error-free. We reserve the right to change pricing of the Services displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new prices to the Services and/or upon making the customer aware of the pricing error.
Termination and Suspension.
We reserve the right to terminate or suspend your Account and/or our Services to you at any time and for any reason upon notice to you. If we terminate or suspend your Account without cause, we will refund a prorated portion of your monthly prepayment. We will not refund or reimburse you if we terminate your Account for cause, including (without limitation) for a violation of these Terms, including the Reasonable Use Policy.
Effect of Termination.
If you terminate your Account or do not log in to your Account for twelve consecutive months, we reserve the right to designate your Account as “inactive” and delete the Account and/or all the data associated with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms. All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
Your Use of the Servies and Your Content
Right to Use Services.
Subject to the terms and conditions herein and our Reasonable Use Policy, we hereby permit you to use the Services. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that ReallyBrief, in its sole discretion, may elect to take.
Restrictions On Your Use of the Services.
You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions, or you have our written permission to do so:
- modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
- duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
- use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
- use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify or access the Services;
- exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
- access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
- attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
- access or use the Services for a competitive purpose, including monitoring and benchmarking;
- circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
- use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
- introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
- submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;
- impersonate or misrepresent your affiliation with any person or entity, as well as stalk or harass other users or third parties, or share or use offensive or pornographic materials;
- violate any applicable law or regulation in connection with your access to or use of the Services;
- send electronic communications that are not expressly requested or authorized by the recipients or are mass communications (spam); or
- access or use the Services in any way not expressly permitted by these Terms.
Usage Limits.
You shall only use the Services in compliance with these Terms, including, as applicable, the Reasonable Use Policy incorporated herein, and according to the contracted plan limits as described on applicable pricing pages of the Website, which include, among others, limitations to the number of features that can be used, questions blocks that can be added to a form, or the number of authorized responses and/or users. In the event that the authorized responses limits are reached, we will not be required to collect, store and/or process any response in excess of the applicable limits. In the event that the authorized responses limits are reached, we will not be required to collect, store and/or process any response in excess of the applicable limits.
Specific Features.
Certain features that we offer from time to time require additional terms and conditions and may contain intellectual property, including text, images, and data, that we have obtained from third-parties, including OpenAI (the “Other Content”). OpenAI is not a partner, affiliate, agent, or representative of ReallyBrief.
We do not own the Other Content and do not make any guarantees, representations or warranties of any kind to you regarding the ownership or your right to use the Other Content. We disclaim any liability for any third-party IP, including their accuracy, integrity, quality, legality, usefulness or safety, or any intellectual property rights therein. The availability of any third-party IP does not imply our endorsement or affiliation with any provider of such third-party IP and does not create any legal relationship between such provider and you.
You are solely responsible for your use of the Other Content and any losses or liabilities of any kind associated to that use. You shall comply with all rights, obligations, conditions, policies, laws and regulations pertaining to such third-party IP. You shall defend us, indemnify us and hold harmless from and against any and all losses, settlements, damages, liabilities, judgements, ligations, fines or sanctions, costs, and expenses (including reasonable attorney’s fees) (collectively “Losses”), arising out of any claim, proceeding, demand, suit or action (collectively “Actions”) brought by a third party related to your use of the Other Content.
By using the Services, you agree as well, to comply with all of Open AI terms and conditions, which can be found here, including any restrictions on use contained therein.
Beta Offerings.
From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services (“Beta Offerings”) as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.
Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). We do not claim ownership of Your Content. In order to operate the Services, we must obtain from you certain license rights in Your Content so that actions we take in operating the Services are not considered legal violations. Accordingly, by using the Services and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content but solely for the limited purposes of providing and improving the Services and as permitted by our privacy policy. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. To the fullest extent permitted by applicable law, ReallyBrief reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice.
By posting or submitting Your Content through the Services, either as a Creator or as a Respondent, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
Creators use of the Services may result in the collection and further processing and analysis by you of information belonging to Respondents. Any contractual relationship existing with Respondents is entered into between the Creator and Respondents. Creator is fully responsible for meeting any applicable obligations when contacting Respondents and processing their data.
Ownership and Content
Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that ReallyBrief and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
Ownership of Trademarks.
The Company’s name, ReallyBrief’s logo, and all related names, logos, product and service names, designs and slogans are trademarks of ReallyBrief or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of ReallyBrief, and ReallyBrief may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to ReallyBrief any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
Notice of Infringement – DMCA (Copyright) Policy.
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded, or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
- information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
- a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
- a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
- the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent to: info@reallybrief.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
Third-Party Services and Materials.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that ReallyBrief is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
Data Privacy
Privacy Policy.
Our Privacy Policy describes how we handle the information you, as a Creator, a Respondent or visitor to the Website , provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.reallybrief.com/privacy-policy/. We agree to adhere to our Privacy Policy. You in turn agree to the terms of our Privacy Policy and agree that we may use and share Your Content in accordance with our Privacy Policy and applicable laws.
Respondent Information.
If you are a Creator, you agree (i) that you are responsible for notifying your Respondents, end users, and guests about these Terms and ReallyBrief’s Privacy Policy; (ii) you will not ask questions and collect through the survey questionnaires, real identifiers or direct personally identifiable information of a Respondents, such as surname or full name, address, telephone number, billing address, e-mail, identity card number, insurance number, driver’s license number, passport number, social security number, credit/debit card number and/or any similar identifiers which are able to lead directly to the real-life identity of a data subject; (iii) you will not process any data of a Respondent shared with you for direct marketing, promotional, selling or influencing the opinions or decisions of any Respondent, unless providing the respondent with a clear-opt-in and opt-out option for any such processing; (iv) you will comply with all data protection/privacy Legislation applicable to your business and processing operations; and (v) you will have in place and maintain a Privacy Policy, providing clear and unambiguous information about how your organization processes personal data.
Disclaimers, Limitations of Liability and Indemnification
Disclaimers.
- Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE “REALLYBRIEF ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The ReallyBrief Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the ReallyBrief Entities or through the Services, will create any warranty or representation not expressly made herein.
- THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 9.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- THE REALLYBRIEF ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT ANY CREATOR, RESPONDENT, OR THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.
Limitations of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE REALLYBRIEF ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE REALLYBRIEF ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. THE REALLYBRIEF ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICES PROVIDED DURING A FREE TRIAL PERIOD OR AT NO CHARGE ARE PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR INDEMNITIES.
Indemnification.
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold ReallyBrief Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs, collectively, “Damages”) incurred by ReallyBrief Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content, or (e) your negligence or wilful misconduct. If you are obligated to indemnify any ReallyBrief Entity hereunder, then you agree that ReallyBrief (or, at its discretion, the applicable ReallyBrief Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether ReallyBrief wishes to settle, and if so, on what terms, and you agree to fully cooperate with ReallyBrief in the defense or settlement of such claim.
Governing Law, Jurisdiction, and Venue.
These Terms will be governed by and construed in accordance with the laws of Illinois without reference to its conflict of laws principles. All disputes arising out of or relating to these Terms will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Chicago, Illinois.
Additional Provisions
Updating These Terms.
We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.
Termination of License and Your Account.
If you breach any of the provisions of these Terms, all licenses granted by ReallyBrief will terminate automatically. Additionally, ReallyBrief may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If ReallyBrief deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, ReallyBrief may, but is not obligated to, delete any of Your Content. ReallyBrief shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by ReallyBrief or you. Termination will not limit any of ReallyBrief’s other rights or remedies at law or in equity.
Data Retention and Deletion.
The Company will retain any personal information provided by you or connected to your Account or Your Content for as long as reasonably necessary as permitted by applicable law and in accordance with the Privacy Policy, unless you request removal, in which case, we will make reasonable efforts to remove your personal information as soon as practical after receiving your request, subject to these Terms and our legal obligations and rights.
Injunctive Relief.
You agree that a breach of these Terms will cause irreparable injury to ReallyBrief for which monetary damages would not be an adequate remedy and ReallyBrief shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Export Laws.
You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by ReallyBrief hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
Miscellaneous.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by ReallyBrief but may not be assigned by you without the prior express written consent of ReallyBrief. These Terms are intended to be and are solely for the benefit of you and us, and do not create any right in favor of any third party. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
How to Contact Us.
You may contact us regarding the Services or these Terms by e-mail to support@reallybrief.com.
